S3.10 Permanent resident visas for refugees and protected persons

1. Mandated refugees who meet the requirements at S3.22 may be granted permanent resident visas.
2. Immigration officers may, at their discretion, grant permanent resident visas to "Convention" refugees and protected persons (see C5.15.1), except if they are members of a mass arrival group and not unaccompanied minors at the time of arrival (see C8.20).
3. All refugee claimants who are recognised as having refugee status may apply for a permanent resident visa on the basis of that recognition, except if (g) below applies.
4. Protection claimants who are recognised as having protection status may apply for a permanent resident visa on the basis of that recognition, unless they are a person to whom S3.10(g) applies or, in determining any refugee or protection claim they made, one or more of the following applied:
   1. they were excluded from being granted refugee status by Article 1F of the Refugee Convention;
   2. they have had a refugee claim or subsequent refugee claim not accepted for consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act 2009;
   3. a refugee and protection officer has determined there are serious reasons for considering a protected person has committed an act as outlined in section 137(2) of the Immigration Act 2009;
5. Protected persons to whom S3.10(d)(i), (ii), and/or (iii) apply will have their immigration status determined by the Minister of Immigration.
6. Applicants eligible to apply for a permanent resident visa may include dependants in the application in accordance with residence instructions (see R2).
7. Despite (c) above, “Convention” refugee and protection claimants who arrived in New Zealand as members of a mass arrival group (see C8.5), and were not unaccompanied minors at the time of arrival as described at C8.5.5, may only apply for a residence class visa if they meet the requirements specified at C8.20.

Effective 29/07/2013